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Conference quokka::non_custodial_parents

Title:Welcome to the Non-Custodial Parents Conference
Notice:Please read 1.* before writing anything
Moderator:MIASYS::HETRICK
Created:Sun Feb 25 1990
Last Modified:Fri Jun 06 1997
Last Successful Update:Fri Jun 06 1997
Number of topics:420
Total number of notes:4370

317.0. "Actual legislation pending in Mass (hope?)" by QUOKKA::26356::VLS_TEMP1 (Dan D(ingeldein)) Thu Jul 14 1994 16:05

    
        Some more info for you folks.
    
        there are presently two bills in the house (HR 1508 and 1509 I
    think!)
    pertaining to our plight.
    
        One bill proposes to change the presumtive judgement from sole physical
        custody to joint physical custody. This would begin to solve a
        tremendous amout of the problems we parents face in regard to custody,
        visitation etc. There would have to be compelling evidence to not have
        joint physical custody instead of the present default to sole physical
        custody.
    
        The other bill makes a restraining order just as easy to get,but...
        If it is shown that the original justification for the restraining
        order was not properly justified, then the filer of the request would
        be held to penalties insted of getting a slap on the wrist and tying up
        all the courts time and resources.
    
     Get on the horn and find out where your sen. and rep. stands on these
     issues. The phone calls alone will make them aware that these issues
     are on their constituents minds. Find out how they'd vote. Just asking
     the question will get their attention! (thoughts , comments?)
    
                                            Dan D
    
    
    (ps. I'll get the actual bill#'s tommorrow)
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317.1correction!QUOKKA::26356::VLS_TEMP1Dan D(ingeldein)Fri Jul 15 1994 11:239
    Here's the correct stuff:
    
    Bill No:1598 - Joint physical custody (presumptive judgement of joint
                   physical custody instead of sole physical custody)
    
    Bill No:1599 - reciprocating penalties for false basis on filing 
    		   restraining orders
    
    
317.2QUOKKA::3737::RAUHI survived the Cruel SpaFri Jul 15 1994 12:243
    Too bad there isnt one for false arrest. I have a guy in Manchester who
    was arrested 3 times for something he didnt do.:)
    
317.3Senate Bill 1599....QUOKKA::16134::BARTOLOMEO_VIEG Order MgmtMon Aug 01 1994 13:4629
    I have a copy of the actual Bill as it currently sits.  It's actually
    Senate Bill No. 1599.  Here is how it reads.
    
      By Miss O'Brien (by request), a petition (accompanied by bill,
    Senate, No. 1599) of Mark Charalambous for legislation to curb the
    abuse of domestic violence laws.  The judiciary.
    
    AN ACT TO CURB THE ABUSE OF DOMESTIC VIOLENCE LAWS.
    
      SECTION 1. A screening process shall be established for domestic
    restraining orders, whereby a determination can be made of the need
    for the order taking into consideration the possibility of deceptive
    motives.
    
      Emergency domestic restraining orders shall be in effect for three
    (3) days and if granted must be done without prejudice with respect
    to any pending action for divorce or custody.
    
      Request for domestic restraining orders must be accompanied by an
    affirmative which shall be given under penalty of perjury.  The abuse
    prevention order form itself must include a place where the plaintiff
    acknowledges, by signature, that the allegations are true under penalty
    of perjury.
    
      SECTION 2. Penalties for requesting and obtaining a domestic
    restraining order under false pretenses shall be established which
    are identical to the penalties for violating a domestic restraining
    order.
    
317.4MROA::DUPUISMon May 22 1995 12:166
    re .0
    
    Do you know where these bills now stand??
    
    Thanks,
    Roberta